From Jefferson Public Radio via Oregon Public Broadcasting: “Curry County considers using state of emergency to take over federal forests management.” Full text:
Curry County, Oregon, is considering taking over management of federal forests within its borders by applying a novel legal strategy used by a county in Arizona.
Curry County commissioners presented a draft proclamation on Wednesday to declare a state of emergency for the purpose of taking over management of public forests from federal authorities.
Those in support of the proposal say it is needed due to federal agencies’ failure to manage their forests for wildfire.
At the recent meeting, Commissioner Jay Trost claimed every major recent fire in the county occurred on state and federal land.
“The private timber industry is managing their land right,” said Trost.
The proclamation also claims that the forest mismanagement, along with state regulations for homeowners in high wildfire hazard zones, will impact county housing costs and supply.
“We’re not looking to be the owners of this federal land. The main idea is that we are going to be holding the agencies accountable to continue to do their jobs,” said Commissioner Patrick Hollinger.
Hollinger said the county isn’t trying to clear-cut forests or start strip mining. But, he said, their management would support industries like logging and biomass.
“[M]ultiple-use management, timber sales, mineral utilization and livestock grazing have been curtailed to the point of causing greatly diminished health on our forests and have created catastrophic health, safety, welfare and economic effects to Curry County,” according to the proclamation.
The proclamation alleges that federal authorities are not following legal requirements for cooperation and consultation with the county for public forest management.
Hollinger explained that the emergency declaration is modeled after a resolution used in Apache County, Arizona, to manage federal lands there. That Arizona resolution was championed by Doyel Shamley with Veritas Research Consulting who visited Curry County recently to discuss land management and the Constitution with commissioners.
The draft resolution wasn’t passed, but a public workshop on the proposal will be held next week.
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After Indigenous lands in the public domain are repatriated imagine Curry County is landlocked within a preserve where access is limited by a tribal government instead of enjoying the fruits that the National Forest System provides to the towns in Oregon.
Hi Larry: Much of Curry County is already locked up in the Kalmiopsis Wilderness, which was made “roadless” and has burned three more times (as clearly predicted) since the 1987 Silver Complex.
The so-called “fruits” that the USFS is providing us in Oregon are more like rotten tomatoes and wormy apples. Think unemployment, dead trees, dead wildlife, deadly air, and gates. Here’s some documentary videos, and I’ve posted several articles and editorials here the past 12+ years that directly address this topic: https://www.youtube.com/playlist?list=PL1JyKCHg2GmFDAhfxSIDygJ_9N0LlmCe6
Larry, some of us would prefer to be locked out by Tribes, which have legitimate claims, than NGOs and allied politicians.
Exactly. It’s hardly surprising that there is a bigger story and significant friction between tribal communities and Curry County with a nuance that escapes other readers here.
Larry: What friction? What are you talking about?
One of the events that intersects with this discussion is that a county commission in the Black Hills is debating the cost of maintaining Forest Service roads at a deficit without including the millions in recreation dollars that sustain those communities. Same is true in Curry County.
could you explain a little more.. who is paying for FS roads?
Sorry, forgot to embed the link.
https://myblackhillscountry.com/content/fs-road-maintenance-costing-county/
Schedule A is a negotiated Agreement between the FS and County, if the County is not charging enough, that has to be agreed to up front. Also, different road jurisdictions and maintenance levels affect cost per mile for maintenance.
Given South Dakota highways and Black Hills forest roads, they are the best within the National Forest System that I have ever seen! Minimum standards have no dog in that hunt! I don’t remember if South Dakota is like Colorado in having “highway use tax” that is pass thru $ back to the FS, for additional county maintenance dollars.
Something seems a bit “off” with this news release…..
Did you see that South Dakota’s junior US senator wants to boost timber harvest on the BHNF to at least 75% of ASQ when the max should be around 40,000 CCF? Is that Forest really capable of producing 75% of 181,000 CCF?
Larry: Who the heck is “Wyoming?” Sounds like you are projecting again. Or are you referring to a specific individual or organization with a different name?
“locked out … by NGOs” reveals a lot about the authors perspective
Maybe I should have said “foundations and NGOs”?
Holy crap! This hits close to home because I signed the contract for Apache County’s “management” scheme. Here is the quote: “Hollinger explained that the emergency declaration is modeled after a resolution used in Apache County, Arizona, to manage federal lands there. That Arizona resolution was championed by Doyel Shamley with Veritas Research Consulting who visited Curry County recently to discuss land management and the Constitution with commissioners.” Of course, County Resolutions have about as much Rule of Law as a pissant in a shopping mall – I became very fluent in the Supremacy Clause….
Well, we identified, I think, 44 acres for the County to do some pre-commercial thinning. I extended the Agreement until the cows came home and they finished about half of the 44 acres! Apache County was trying to up the ante into trying to take over management of NF Lands. Same as Catron County in New Mexico – yes, they border. Doyle was linked to an anarchist that was shot and killed in a federal standoff, a couple years earlier.
What was interesting, I decided to keep my enemies closer, forging a relationship with Doyle/Apache County, and be a part of the solution. I/we didn’t make a big deal out of the County’s failure, and this crap blew over as quick as it dusted up! Old Doyle still likes to talk about it; I chuckle and relive a fantastic and complex time in my career! Eastern Arizona and Western New Mexico were really on the “States Rights” bandwagon during those years…..
Can you shoot me an email? I’m the reporter who wrote this story. I’m trying to get a sense of what actually happened in Apache County. [email protected]
The county would be violating the federal Constitution’s supremacy clause. Nothing will happen. Either county counsel will explain this to the county commissioners and they’ll drop the idea, or they’ll implement it and a U.S. district court will declare it to be without effect.
Lorenco, it was much worse that just a County Resolution; I was instructing our folks to close and lock the gates no longer needed for seasonal use. I was threatened for arrest by the Sheriff. I told the Sheriff where I would be, locking gates, daring them to arrest me! Of course, OGC was advising me on how to proceed. They informed me that if I was arrested, to claim Civil Rights Violation, making them, themselves accountable for their actions. I tell ya what, until we were able to calm things down, I never really knew where it was headed!
Of course you are correct, a County can enact whatever Resolution, or zoning they wish but the FS does not (legally) have to recognize it.
It might be a civil-rights violation under 42 USC § 1983, but that is a complex area of law and not as cut-and-dried as some may believe. I’m glad you were able to calm things down. Good for you.
Who enforces the Supremacy Clause? Let’s imagine that county counsel explaining the Justice Department of an administration that likes to help its friends and screw its enemies. And an administration that likes the idea of Republican counties doing what they want on federal lands, even criminal trespass, so they look the other way. The public going to court would be faced with trying to overrule the government’s prosecutorial discretion. I don’t do criminal law, but this case doesn’t look like a winner. And if the county officials were convicted of a federal offense, well, there’s always the pardon power.
Well Jon, Apache County wasn’t that smart, and anyway, it would eventually make it to the Supreme Court. I think Case Law would “outdo” any political tinkering….
Unfortunately, Sharon doesn’t hide her disdain for NGO’s so perhaps a little history lesson is in order. The Appalachian Mountain Club (different from the Appalachian Trail) was founded in the late 1870’s and began active efforts to provide recreation opportunities in the White Mountains of New Hampshire. Notably, the AMC embarked on building a system of hiking huts located along the Presidential Range and nearby areas. Not sure when the AMC started doing trail construction & maintenance but for folks who know some history about the Eastern National Forests, the White Mountain NF and others weren’t established until the Weeks Act was passed in 1911. The Act enabled the federal government to purchase private land to create National Forests. Maintaining the headwaters of rivers and streams, to ensure navigability, was an important objective.
Thus, some of the land that became the White Mountains NF was managed by one of those terrible NGO’s for approx. 30 years before the establishment of a National Forest. It’s a good thing the AMC was a good steward because it was involved in land management well before the USFS was created and before the NF’s in the East.
I worked for the AMC in the White Mountains in the mid-1970’s and the Club played an active role in managing the NF as a partner w/ the FS. We had a 25 person trail crew that did a great deal of the trail maintenance on NF lands; majority of $ for the crew came from membership dues for the club. The Club also had a Research Dept. that monitored water quality in heavily used backcountry areas, teamed up with the FS NE Forest Experiment Station on projects such as piloting the use of composting toilets at high use backcountry campsites and other things that benefited NF management and perhaps were difficult to fund with federal $.
Pinkham Notch Camp, the AMC headquarters in the Whites, served as a primary visitor center for hikers and backpackers visiting the NF. In August, we used to average 1500 hikers/day coming through our doors to get trail info, maps, etc.
I’ve worked for other NGO’s and know there are lots of variations in perspective, capacity, etc. but TBH I think it’s a disservice to paint such a variety of organizations with such a broad paintbrush.
Summer 2025, when Region 6 is likely to have NO seasonals except in fire, the FS and forest visitors will be depending on NGO’s including Pacific Crest Trail Association, Washington Trails Association, Trailkeepers of Oregon, the Oregon Timber Trail Alliance, Backcountry Horsemen (WA & OR) and many others to keep trails maintained and protect our public investment in trail infrastructure.
NGO’s are important partners for the USFS including when they take the agency to task when there’s a problem. Getting down on NGO’s for reminding the agency to do the right thing is a bit like being mad at your Mom for scolding you about taking cookies from the cookie jar. 🙂
It would be great to have their contributions be appreciated by TSW readers (I know some of you already do!).
I don’t have a disdain for NGOs.. I love NGOs! In fact, TSW might be considered an NGO. I appreciate when NGOs help the USG conduct activities. But I also think NGO’s (as well as other corporations) can exert undue influence over USG decisions, at the expense of the public. I can also question whether grants are the most cost-effective way of getting work done, and I can question what kind of expertise should be located outside the government versus in-house.
DIFFERENT TOPIC >>>
Take a minute to say Thank You to a federal employee! A former FS or BLM colleague, your letter carrier, whomever.
The USFS friends I’ve been in contact with recently are feeling quite battered and discouraged by the way they’re being treated by He Who Must Not Be Named! If you’re familiar with the Harry Potter books you’ll get that reference. If not, ask someone who’s read the books.
The folks in federal agencies, in my experience, care about the work they do and want to provide good service to the public.
IMO it’s disgraceful to treat them the way they’re currently being treated.
Some positive encouragement is helpful. Thanks!
We had a post a few weeks ago saying the same thing.
https://forestpolicypub.com/2025/01/23/lets-support-agency-employees/
I am reminded of OR efforts to sell the Elliott State Forest because it cost more to administer than the revenues it generated.
Hi Anonymous. I’ve written about the Elliott here several times and Amazon is selling copies of my Elliott anthology. The only reason the Elliott “cost more to administer than the revenues it generated” is because the environmental litigators and government regulators shut down its timber sales in order to close roads and sell carbon credits to investors and CO2 “polluters.” Strictly politics, and the neglected forest is headed to another catastrophic wildfire as its fuels continue to grow and die. The Elliott should legally be providing hundreds of local jobs and tens of millions to Oregon schools, as clearly outlined in its charter in 1930. Here is the Resolution I will be presenting at Oregon Logging Conference Feb. 20: https://oregonloggingconference.com/resolution/2025-oregon-logging-conference-resolution-elliott-state-forest-jobs-oregon-schools-carbon-credits/
No surprise, then.
https://www.currypilot.com/news/curry-county-goes-red-in-the-general-matching-much-of-the-country/article_bc167e5c-9c65-11ef-baf9-dbe38cf4bf65.html